Ohio § 905.326

§ 905.326.

(A)(1) Except as provided in division (B) of this section, no person in the western basin

shall surface apply fertilizer under either of the following circumstances: (a) On snow-covered or frozen soil; (b) When the top two inches of soil are saturated from precipitation. (2) Except as provided in division (B) of this section, no person in the western basin

shall surface apply fertilizer in a granular form when the local weather forecast

for the application area contains greater than a fifty per cent chance of precipitation

exceeding one inch in a twelve-hour period. (B) Division (A) of this section does not apply if a person in the western basin applies

fertilizer under any of the following circumstances: (1) The fertilizer is injected into the ground. (2) The fertilizer is incorporated within twenty-four hours of surface application. (3) The fertilizer is applied onto a growing crop. (C)(1) Upon receiving a complaint by any person or upon receiving information that would

indicate a violation of this section, the director or the director's designee may

investigate or make inquiries into any alleged failure to comply with this section. (2) After receiving a complaint by any person or upon receiving information that would

indicate a violation of this section, the director or the director's designee may

enter at reasonable times on any private or public property to inspect and investigate

conditions relating to any such alleged failure to comply with this section. (3) If an individual denies access to the director or the director's designee, the director

may apply to a court of competent jurisdiction in the county in which the premises

is located for a search warrant authorizing access to the premises for the purposes

of this section. (4) The court shall issue the search warrant for the purposes requested if there is probable

cause to believe that the person is not in compliance with this section.  The finding of probable cause may be based on hearsay, provided that there is a

reasonable basis for believing that the source of the hearsay is credible. (D) This section does not affect any restrictions established in Chapter 903. of the

Revised Code or otherwise apply to those entities or facilities that are permitted

as concentrated animal feeding facilities under that chapter. (E) As used in this section, “ western basin ” means land in the state that is located in the following watersheds identified by

the specified United States geological survey hydrologic unit code: (1) St. Marys watershed, hydrologic unit code 04100004; (2) Auglaize watershed, hydrologic unit code 04100007; (3) Blanchard watershed, hydrologic unit code 04100008; (4) Sandusky watershed, hydrologic unit code 04100011; (5) Cedar-Portage watershed, hydrologic unit code 04100010; (6) Lower Maumee watershed, hydrologic unit code 04100009; (7) Upper Maumee watershed, hydrologic unit code 04100005; (8) Tiffin watershed, hydrologic unit code 04100006; (9) St. Joseph watershed, hydrologic unit code 04100003; (10) Ottawa watershed, hydrologic unit code 04100001; (11) River Raisin watershed, hydrologic unit code 04100002. (F) Notwithstanding section 905.31 of the Revised Code , as used in this section, “ fertilizer ” means nitrogen or phosphorous.